Toxic Substances Control

Toxic Substances Control in the United States Toxic Substances Control Act (TSCA) Note: To update the Toxic Substances Control Act (see more details about the Act here), on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which updates […]

Endangered Species

Endangered Species in the United States Presidential Memoranda Presidential Memoranda regarding Proposed Revised Habitat for the Spotted Owl: Minimizing Regulatory Burdens (February 28, 2012): Today, compelled by court order, the Department of the Interior (Department) proposed critical […]

Health Insurance

Health Insurance in the United States Introduction to Accident and Health Insurance Cancer Insurance Denial Many cancer patients have found themselves without medical insurance due to provisions in many policies restricting coverage for those with pre-existing conditions. As is probably […]

Easements

Easements in the United States Condemnation of Easements This section examines the Condemnation of Easements subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed. […]

Estoppel

Estoppel in the United States Estoppel Definition The preclusion of a person from asserting a fact by previous conduct, inconsistent therewith, on his own part, or the part of those under whom he claims, or by a solemn establishment, which he cannot be allowed to call in question. A […]

Identity Theft

Identity Theft in the United States Identity Theft in the case of Lawyers By Deborah Rosenthal Studies suggested that as many as a million such thefts occur every year. And privacy experts say attorneys are among the most attractive targets because they tend to have good credit and preside […]

Products Liability

Products Liability in United States That field of law which addresses defective products. A defective product gives rise to a presumption of negligence and the plaintiff may have a cause of action against the producer as well as against the seller and possibly even against intermediaries in […]

Eminent Domain

Eminent Domain in United States Eminent Domain Definition

The power to take private property for public use, whether exercised by the sovereign directly, or by one to whom the sovereign power has been delegated for qiMsi public purposes. The superior right of property subsisting in a […]

Premises Liability

Premises Liability in the United States Premises Liability and Criminal Conduct in California By Michael Paul Thomas and Christopher M. Fisher (2009). They are partners at Thomas, Fisher & Brubaker based in Orange County. Mr. Thomas is also co–author of California Premises Liability. […]

Good Faith

Good Faith in United States Good Faith Definition

Honesty; absence of fraud, collusion, or deceit. 91 Wis. 464. See "Bona Fide Purchaser."

Good Faith in Foreign Legal Encyclopedias

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Good Faith, Good Faith in the World Legal […]

Handicap

Handicap in the United States Handicap in Labor Law According to unr.edu, Handicap is defined as: (See Disabled Individual.) Handicap in Labor Law According to unr.edu, Handicap is defined as: (See Disabled Individual.) Discrimination on the Basis of Handicap Under the Fair Housing Act This […]

Nonconforming Use

Zoning—Circumstances Warranting Expansion of a Nonconforming Use This section discusses generally the subject of Zoning—Circumstances Warranting Expansion of a Nonconforming Use, how to determine the facts essential to Zoning—Circumstances Warranting Expansion of a Nonconforming […]

Property Insurance Coverage

Arson Defense to Coverage Under Property Insurance This section discusses generally the subject of Arson Defense to Coverage Under Property Insurance, how to determine the facts essential to Arson Defense to Coverage Under Property Insurance, and, to some extent, how to prove it in litigation […]

Arbitration Clause

Proof that an Arbitration Clause in a Commercial Transaction Agreement is Properly Challenged As Inapplicable to or Unenforceable Against the Parties This section discusses generally the subject of Proof that an Arbitration Clause in a Commercial Transaction Agreement is Properly Challenged As […]

Motor Vehicle Accident Litigation

Punitive Damages in Motor Vehicle Accident Litigation This section discusses generally the subject of Punitive Damages in Motor Vehicle Accident Litigation, how to determine the facts essential to Punitive Damages in Motor Vehicle Accident Litigation, and, to some extent, how to prove it in […]

Golf

Defective Design of Golf Cart This section discusses generally the subject of Defective Design of Golf Cart, how to determine the facts essential to Defective Design of Golf Cart, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Remedies for Waste

Remedies for Waste Committed by Tenant for Life or Years or by Other Party in Possession of Real Property This section discusses generally the subject of Remedies for Waste Committed by Tenant for Life or Years or by Other Party in Possession of Real Property, how to determine the facts […]

Environmental Claims

Insured's Proof that Pollution Exclusion Clause Does Not Bar Coverage for Environmental Claims This section discusses generally the subject of Insured's Proof that Pollution Exclusion Clause Does Not Bar Coverage for Environmental Claims, how to determine the facts essential to […]

Homeowner Association

Proof of Homeowner Association Acting as Quasi Governmental Entity Whose Conduct Constitutes State Action Requiring Declaration of Rights Under Home Association Restriction Prohibiting Political Signs This section discusses generally the subject of Proof of Homeowner Association Acting as […]

Earning Capacity

Proof of Lost Earning Capacity This section discusses generally the subject of Proof of Lost Earning Capacity, how to determine the facts essential to Proof of Lost Earning Capacity, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Covered Damages

Insured's Proof that Environmental Cleanup Costs are Covered Damages Under CGL Insurance Policy This section discusses generally the subject of Insured's Proof that Environmental Cleanup Costs are Covered Damages Under CGL Insurance Policy, how to determine the facts essential to […]

Procedures

Procedures (Appeals) This section introduces, discusses and describes the basics of procedures. Then, cross references and a brief overview about Appeals is provided. Finally, the subject of Proceedings in relation with procedures is examined. Note that a list of cross references, bibliography […]

Rescission of Contract

Mutual Mistake Over Physical Condition of Real Estate as Basis for Rescission of Contract This section discusses generally the subject of Mutual Mistake Over Physical Condition of Real Estate as Basis for Rescission of Contract, how to determine the facts essential to Mutual Mistake Over […]

Diving Injuries

Swimming Pool Diving Injuries—Failure to Warn of Dangerous Condition This section discusses generally the subject of Swimming Pool Diving Injuries—Failure to Warn of Dangerous Condition, how to determine the facts essential to Swimming Pool Diving Injuries—Failure to Warn of […]

Nondischargeability

Nondischargeability of Debt Based on False Pretenses or Representations, Actual Fraud, or False Financial Statement Under Bankruptcy Code § 523(a)(2) This section discusses generally the subject of Nondischargeability of Debt Based on False Pretenses or Representations, Actual Fraud, or False […]

Automobile Insurer's Bad Faith

Automobile Insurer's Bad Faith In Responding to First-Party Claim This section discusses generally the subject of Automobile Insurer's Bad Faith In Responding to First-Party Claim, how to determine the facts essential to Automobile Insurer's Bad Faith In Responding to First-Party […]

Proof of Unpaid Overtime

Proof of Unpaid Overtime Under Fair Labor Standards Act This section discusses generally the subject of Proof of Unpaid Overtime Under Fair Labor Standards Act, how to determine the facts essential to Proof of Unpaid Overtime Under Fair Labor Standards Act, and, to some extent, how to prove it […]

Proof of Employer Negligence

Proof of Employer Negligence in Hiring and Supervision of Employee with Propensity Toward Workplace Sexual Harassment This section discusses generally the subject of Proof of Employer Negligence in Hiring and Supervision of Employee with Propensity Toward Workplace Sexual Harassment, how to […]

Automobile

Automobile in the United States Automobile and the Constitution The Court has long had difficulty applying the 4th Amendment to automobiles. It has several times held that an officer needs no warrant to search an automobile, a boat, an airplane, or some other vehicle, when there is probable […]

Casino Gambling

Enforcement of Casino Gambling Debts This section discusses generally the subject of Enforcement of Casino Gambling Debts, how to determine the facts essential to Enforcement of Casino Gambling Debts, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Bailed Property

Bailee's Liability for Damage, Loss, or Theft of Bailed Property This section discusses generally the subject of Bailee's Liability for Damage, Loss, or Theft of Bailed Property, how to determine the facts essential to Bailee's Liability for Damage, Loss, or Theft of Bailed […]

Heavy Metals

Nerve Injury from Exposure to Heavy Metals This section discusses generally the subject of Nerve Injury from Exposure to Heavy Metals, how to determine the facts essential to Nerve Injury from Exposure to Heavy Metals, and, to some extent, how to prove it in litigation and defense. Related […]

Fixture of Real Property

Proof that Item of Personal Property has Become Fixture of Real Property This section discusses generally the subject of Proof that Item of Personal Property has Become Fixture of Real Property, how to determine the facts essential to Proof that Item of Personal Property has Become Fixture of […]

Jury Selection Process

Challenges for Cause in Jury Selection Process This section discusses generally the subject of Challenges for Cause in Jury Selection Process, how to determine the facts essential to Challenges for Cause in Jury Selection Process, and, to some extent, how to prove it in litigation and defense. […]

Liability of Corporations

CERCLA Liability of Parent, Subsidiary and Successor Corporations This section discusses generally the subject of CERCLA Liability of Parent, Subsidiary and Successor Corporations, how to determine the facts essential to CERCLA Liability of Parent, Subsidiary and Successor Corporations, and, […]

Breach of Warranty

Builder-Vendor's Liability to Purchaser of New Dwelling for Breach of Implied Warranty of Fitness or Habitability This section discusses generally the subject of Builder-Vendor's Liability to Purchaser of New Dwelling for Breach of Implied Warranty of Fitness or Habitability, how to […]

Disregarding Corporate Entity

Establishing Elements for Disregarding Corporate Entity and Piercing Entity's Veil This section discusses generally the subject of Establishing Elements for Disregarding Corporate Entity and Piercing Entity's Veil, how to determine the facts essential to Establishing Elements for […]

Automobile Design Defect

Proof of Automobile Design Defect This section discusses generally the subject of Proof of Automobile Design Defect, how to determine the facts essential to Proof of Automobile Design Defect, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.